McGHEE THROUGH McGHEE v. City of Glenns Ferry

DONALDSON, Chief Justice.

The facts in this case are undisputed and can be simply stated as follows: On August 16, 1982, appellant, Johanna McGhee was injured when she fell from a swing located at Hull Memorial Park in Glenns Ferry, Idaho. Her mother, Pamela McGhee, brought suit against the city, the owner of the park, based on theories of negligence and strict liability. The district court granted summary judgment to the city and held that the city was immune from liability pursuant to I.C. § 36-1604. This appeal followed.

Summary judgment is appropriate when a review of the evidence in a…